IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 201 of 2005()
1. NATIONAL THERMAL POWER CORPORATION LTD.
... Petitioner
Vs
1. SMT.JAGADMMA, JAGAD NIVAS,
... Respondent
2. STATE OF KERALA - REPRESENTED BY
For Petitioner :SRI.SHAFIK M.ABDULKHADIR
For Respondent :SRI.PHILIP M.VARUGHESE
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :17/08/2009
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
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L. A. A. No.201 of 2005
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Dated this the 17th day of August, 2009
JUDGMENT
Pius C. Kuriakose, J
This appeal is preferred by the Requisitioning
Authority. We have heard the submissions of
Sri.Shafik M. Abdulkhadir, the learned counsel for the
appellant and those of Sri.Philip M. Varughese, the
learned counsel for the respondent/claimant. We have
heard Smt.Sumangala, the learned Government
Pleader also.
2. We are in agreement with the learned counsel
for the appellant when he submits that the
enhancement granted from Rs.735/- per Are to
Rs.12,000/- per Are is excessive. On a re-appraisal of
the evidence, we feel that on a better assessment of
the market value of the land under acquisition based
L. A. A. No.201 of 2005 -2-
on available evidence, the market value can be re-
fixed at Rs.2205/- per Are i.e. 200% above what is
awarded by the Land Acquisition Officer. Therefore,
setting aside the judgment and decree under appeal,
we re-fix the the value of the property under
acquisition at Rs.2205/- per Are.
3. The appeal will stand allowed to the above
extent, but in the circumstances, without any order as
to costs. It is needless to mention that the
claimant/respondent will be entitled for all statutory
benefits on the total enhanced compensation to which
she becomes eligible by virtue of our re-fixation of the
market value under this judgment.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-